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(영문) 서울중앙지방법원 2020.05.29 2019노2988

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground that the defendant was aware of the fact by deceiving the victims through returning the money in insolvent, is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

2. The lower court found the Defendant not guilty on the ground that it is difficult to prove that there was no reasonable doubt as to the fact that there was an intentional intent by deceiving the victims and deceiving the victims of money in the name of borrowed money, as stated in the facts charged, in detail, on the 2.th of the judgment below, and the evidence submitted by the prosecutor alone.

In a thorough examination of the evidence of this case in light of the records, the above determination by the court below is just, and it does not seem that there was a mistake of mistake or misunderstanding of legal principles as pointed out by the prosecutor of the court below.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.